Sajeed S vs State Of Kerala
2021 Latest Caselaw 6577 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                      WP(C).No.26377 OF 2019(V)


PETITIONER:

               SAJEED S.,
               AGED 33 YEARS
               S/O.SHARAFUDHEEN, SANNOJ MANZIL (H), PLAMOOD,
               AVANEESWARAM, R.S.P.O., VILAKUDY, KUNNIKODE, KOLLAM
               DISTRICT, PIN - 691 508.

               BY ADVS.
               SMT.M.B.SHYNI
               SRI.DEEPAK RAJ
               SMT.C.P.ROOPA
               SRI.FRANCIS MATHEW

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE DIRECTOR GENERAL POLICE,
               POLICE HAD QUARTERS, VELLAYAMBALAM,
               THIRUVANANTHAPURAM - 695 010.

      3        THE DISTRICT POLICE CHIEF (RURAL),
               DISTRICT POLICE HEADQUARTERS, KOLLAM RURAL,
               KOTTARAKARA, KOLLAM DISTRICT, PIN -691 506.

      4        THE STATION HOUSE OFFICER,
               KUNNIKODE POLICE STATION, KOLLAM DISTRICT, PIN -691
               508.

               R1-4 BY GOVERNMENT PLEADER



               SR.PP.C.S.HRITHWIK

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 26377/2019                       2


                                  V.G.ARUN, J.

             ===========================
                    WP(C)No.26377 of 2019
             ===========================
                 Dated this the 24th February, 2021

                                JUDGMENT

The petitioner is the defacto complainant in Crime No.454 of

2019 of Kunnikode Police Station. The crime was registered on a

complaint lodged by the petitioner that on 03.04.2019 at about 3 am,

some unknown person had set on fire the godown belonging to the

petitioner, resulting in loss to the tune of Rs.10,00,000/-. This writ

petition is filed aggrieved by the inaction on the part of the police,

despite registration of the crime for the offence under Section 436 of

IPC. As directed by this court, repeated statements are seen filed.

The statements reflect the inaction on the part of the police, more

than the actions taken as part of investigation. The delay in getting

the FSL report is projected as the reason for the investigation being at

a stand still. In such circumstances, I find the request for entrusting

the investigation with an expert agency to be justified.

In the result, writ petition is disposed of directing the

investigation in Crime No.454 of 2019 of Kunnikode Police Station, to

the Crime Branch, Kollam forthwith. On such transfer, a superior

officer in the Crime Branch shall oversee the further investigation of

the crime and ensure that the final report is filed as expeditiously as

possible.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT WHICH LED TO REGISTER THE CRIME NO.454/2019 OF KUNNIKODE POLICE STATION.

EXHIBIT P2 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.454/2019 OF KUNNIKODE POLICE STATION, KOLLAM DISTRICT.

EXHIBIT P3 A TRUE COPY OF THE ONLINE PUBLICATION NAMED CIRCLE KOLLAM DATED 03/04/2019.

EXHIBIT P4 A TRUE COPY OF THE ONLINE PUBLICATION NAMED EXPRESS-ONLINE KOLLAM DATED 03/04/2019.

EXHIBIT P5 A TRUE COPY OF THE ONLINE PUBLICATION NAMED MATHRUBHUMI ONLINE KOLLAM DATED 04/04/2019.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20/07/2019.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20/07/2019.